The New York herald. [volume], January 12, 1876, Page 8, Image 8

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8
THE COURTS.
Motion for a ?w Struck Jury in the One
Million Twffd Suit.
Argument cn the Challenge
to the Array.
WHAT A WOMAN CLAIRVOYANT SHOULD KNOW.
Usury in This State Not Usury
in Rhode Island.
The counsel in the Tweod case appeared In the Supreme
Court yesterday morning, before Judge Barrett,
on the order to show causo why the same elisors appelated
by the Court to draw tho struck Jury, which
was on Monday gnashed, should not proceed at once
to strike an >thor jury. When the motion was called
counsel for the pcoplo commenced to read affidavits
and other papers in support of his application.
Mr. Dudley Field arose and objected to tho reading
of any papers which had not been served upon hun.
Alter some conversation between couus-ol and tho
Court Judgo Barrett dually said ho had a right to read
tho p ipers Included In tho pleadings.
Mr. Ftold said In that ease ho was entitled to an adjournment
to enable him to reply to tho affidavits presented
by counsel, and made application to hare the
mutter set over until this morning.
Judge Barrett granted the application.
The counsel then proceeded to tho Supreme Court.
Circuit, where, before Judge Wcstbrook, the examination
on the challenge interposed by tho defendant's
counsol to lha array of struck jurors In tho $1,000,000 '
suit was resumed. The court was crowited, ami tho
proceedings seemed to create considerable Interest. '
.Mr. William P. Douglass, one of tho Jurors summoned
on tho struck jury, was examiuod and tosiiHod that his I
residence Is about Qvo miles from Flushing. Quoi ns j
county; ho voted nnd paid taxes there and had servod
on juries there; has never served on a lury or voted j
here. On cross examination he stated th.it ho com- '
uiouiy pp.lit his winters In Now York, and Lis sum- !
imers at his homo neat Flushing, at various watering !
places or in Europe.
Mr. Julius Catliu, another of the jurors objected to as \
not properly named on tlio 'list, being ill court, was |
called to the stand, and testided that Ins father, Julius j
Catltn, lives in Hartford, and he himself resides at No. j
27 West Twenty-second street; does business at No. 413 j
Broadway, as Julius Catliu, Jr.; his name got into the :
directory incorrectly as Julius H. Catlin.
The objection to this gentleman is that his name was
given "Julius W. Catlin" by tho elisors.
Mr. Field then proceeded to argue that his challenge !
was good. In the Qrsl place, the lists of tho Comrats- j
aloaor of Jurors, one, for instance, of 296, arc a more i
evasion of tho law, the complete list being 23,000. i
Second, the act of tho elisors, a very serious error, '
Cannot stand. Those gentlemen, on acoount of the
confidence felt by both parties?a confidence
which still exists?wero retained as elisors on j
the second case. What did ihey do? Tho do- j
fence, on tho first suit, struck oil twenty-four
names, and tho elisprs put nineteen of them back on
tho second jury. It must have heeu done without reflection,
aud no onn cou.d suppose for a moment judicial
sanction of such a proceeding?cramming down
the throats of the defence tho very thing thoy had
thrown up. It was a contrivance to deprive the parties
of their right of selection. Thty might Jost as
well have put back the whole twenty-four and deprived
the defence altogether of their right of selection?force
them to take tho very jurors they had objected
to. Again, how was it that the olisors seleclod
two gentlemen from tho same mercantile firm ? In reply
to tho Court, Mr Field said be could not suppose
nny bias In tho elisors; It was tho act that was complained
of, amounting to what the law culls "misbehavior."
Again, the law says tho twenty-four jurors
shall ho of persons liable to serve, but it included the
name of Mr. Caswell, who had been put on tho exempt
list, which tit- a quasi civil death us far as jury business
Is concerned.
At Ibis stage Mr. Babcock, ono of tho elisors, was
Culled and examined by Mr. Field. Ho admitted that j
at the second striking thoy put on nineteen of tho ;
names struck oir on file first. Ihe ollrors oonsldered
them good raou and wished to give them another chance. 1
Fits asaociute, Judge Peabofly, told him they liad a per- '
feet right to select any man on tne jury lists without
regard to what they did before. Witness admitted that
tbey placed two members ol I'heips, liodgo A Co. on
the panel, though he had overheard Mr. Field, Jr., say
to bis father, "Wo don't want any of that firm," or
words to that effect.
Mr. Carter rcpiiod lor the prosecution. He said no
objection had been urged to jurors as Individuals, and
the only question was. Did the oilsors act according to
law? They had the trust reposed in tlicm aud
their act was not reviewable on a challenge,
as no bios or infraction of the law was imputed
to them. As to putting on tho second jury uamos
struck off on the first, somebody had to be struck off,
and the rncre striking was no Indication that lliay were
onjecuonaoie 10 me ueicnce. u counsel u.iu any onjeclion
to tbcso names on tlio gerund itst, they' should
have said so. anil not lie In wait lor chances to object
afterward. If they had any objection to members of
the firm of Phelps, L?od|re & Co.. they should hare
openly marts it, and not In an aside from ono counsel to
hie assoclato, which was overheard.
Mr. Field replied, saying it was plain the elisors
committed a misbehavior in the eye of the Inw, Jusl as
If they selected from a list of the Union League Club,
or any club ho.stllo to deieudant.
After some further argument by Mr. Carter. Judgo
Westbrook announced that be would render his decision
on the points at issue this morning.
A WOMAN'S TRADE.
On the calendar for trial to day, in the Court ot i.mn
mou Pleas, before Judge Van ilrunt and a jury, Is the
case ol ?1 Dora Louie against Daniel titration. It appears
by the pleadings In the case on the part of
plaintiff that in January a year ago she was possessed
of household furniture valued at $5,000, and
defendant the owner of a farm In New .Terser valued at
,000. Between thia farm and the furniture the parties
concluded to negotiate a "trade," and did so. After
concluding the mutual transfer she discovered thAt
there were two mortgages on the farm, whereas she
asserts that defendant represented them to be free and
cloar of all encumbrances. She thereupon commenced
a suit against the defendant to recover the value of her
Ojrnitufo, claiming that bo obtained possession of
It under the misrepresentation that the farm was
, unencumbered The defendant was arretted, and has
now been tu Ludlow Street Jail eleven months. Her
through hts atlomeyii, Crant & I.-idd, has put In thi
defence that ptaintill know the farm was enrumbersd;
that she bad the title searched before making the
trade; that, In addition to tho furniture, she was to
Stvo him a deed of other property which she failed to
o after getting his deed into her possession. The tefendant's
counsol think they have a further defence In
the fact, as they charge, that piatutiff was au advertised
clairvoyant, and should liavo been able to know all
about the farm and detect any misrepresentations
which ordinary shortsighted mortals might b<; tempted
to make concerning it. Yesterday defendant's counsel
nerved on the Sheriff a writ of habeas corpus ad testificandum
to bring up the defendant to-dnv for tho purpose
of testifying in his own behalf ou tho trial
RHODE ISLAND NOTES.
Judge Blutchfurd, of the United Stales Court, yester<lsy
reudcred a decision in the case of the Providence
County Savings Bank against Jonathan F. Frost, trusieo
tn bankruptcy, 4c. Tho plaintiffs woro holders of
notes made by tho bankrupt to the amount of $31,100,
ecured by a mortgage en hotel furniture. After tho
bankruptcy tho furniture was sold by order of tho
Court, and tho proceeds, $32,000, deposited in the trust
company to abide the plaintiffs' claim. The trustee
resisted the claim on the ground of usury. The maker
,.t n,? r.,.1* r.ul,US In V?u- Ynrli an,I IV,,.
tinted as payable i? Sew York They were, however,
originally la?ue<l and discounted Id Rhode island, where
the law allowed any rate of Interval which the parties
might agree upon. The Judge holds that they were
P.bode Island contracts, provided for by the law of mat
State, and not under the Jurisdiction of the .state of
Kew York, and awarded ti e money on deport iu the
truat company to the plaluitds.
DECISIONS.
r m REM* OOVltT - CIUJCBKRS.
By Judge Barrett
Steinbach vs. The Relief Kire Insurance Companj ?
The detondmt is not entitled to an allowance under
%M>*. Wolf was separately interrogated. fOO off and
$90 off the $00
Bowery Savings Bank vs. Smith.?The order la not
properly drawn nor copied. Tlio payment should t>?
mado to the parties entitled thereto. Allowance to Mr.
Ooollcrof $75; to Mr. Vincent, fli.
Dymond vs. Butterwortb ?I pon payment of $10
cost* of d:smi?aal and $10 costs of opposing this motion
on or before the 13th inst, at twelve M.,tho default
may be opened au4 the original motion then heard;
otherwise motion denied, with $10 coat*.
Kelly vs. Marsh.?Memorandum.
The Ktcciaior retroleum Company vs. Dayton and
another.?Bat one till! of coats was iuatilc under tho
Judgment of the Court of Appeal*. Motion granted.
Macau ley vs. Biggies.?Motion granted.
BUrSSIOB COURT? SOCIAL TT'.KM.
Dy Chief Juet'.rc Monell.
Cohen vs. Dry Dock, Ka-t Broadway and Battery
BaJroad Company. ?Caae ordered on file.
COMMON PLXAti- SPECIAL TMM.
By Judge Robinson.
Boyd >. Rsthmnn.?Short order and stay deuled;
aogular notice must bo given of not to of motion.
SUMMARY OF LAW CASES.
;; the libel salts brought by CtuiUe vrr.g Muuugt
NEW YORK
the New York Timer Judge J. P. Daly, of tho Court or
Common Pleas, yesterday granted the motion for a bill
or particulars. The motion wu made by the plaintiff,
who, among other things, desires to know the sources
from which the information was obtained forming tho
basis of tho alleged libellous articles.
There was yestorday brought before Unltod States
Commissioner Osborn Norris Stewart, steward of tlie
brig Neptune's Car, bound from Itio Janeiro to this
port, charged with assault with Intent to kill Mr.
Uiohard J. Buckingham, who was tho mate of the vessel.
Ho was committed (or examination io-day The
alleged assault was made with a sheath knltc, tho bfhde
being about eight inches In length.
Simeon Saurunsoti, who it is claimed left his wife
seven years ago, has brought a suit against nor lor
divorce, on the ground that she is liviug with another
man. Tho referee reported in Ihror of a decree of divorce.
Judge J. F. Dalv, of the Court of Common
Pleas, who holds that a desertion by the husband for
seven years entltteB tho wile to remarry, ordered a
reference to ascertain whether she is legally married to
tbo man with whotn she is now living.
Tho trial which has been in progress several days
before Judge Van Vorst, In Supreme Court, Circuit, in
tho case of Charles Higham suing tho New York and
Harlem Railroad Company and various contractors for
f 10,000 for alleged ruin "or his business, by obstructions
in front o! his place, through exoavutions in connection
with the fourth avenue improvement, was yestorday
brought to a conclusion. The jury will bring in
a sealed verdict this morning.
In tho case of The l'ooplo ox rel. Fowlor vs. Anthony,
clerk, the relator hud a suit before Judge
Ackert, of ono of the civil courts, in which Ihc luttur
is louud by Judge J. F. 1'aly, of the Court of Common
Pleas, to have glvon and tiled a judgment In favor of
tbo relator, and subsequently to Imvo changed tho
Judgment. Judge Duly decided yoetorday that Judge
Ackcrt had no power to do anything of tho kind, and
i he gave an order dirctt.ng tho clerk of the court lo
| enter the judgment as originally found.
August Caisar has brought a suit for divorce from his
i wife, Maria Caesar. Tho only evidence ndciucod against
, been on terms of criminal intimacy was se> u to visit
hor place in tho morning and go away in tho evening,
was iheetiied by Judge J. F. I>aly, of the Court of Coinmon
l'le<u, Insufficient proof ol adultery. Ho accordingly
rofuscd yesterday to oonllrtu the referee's report, and
thero will have to be a farther examination in the
case.
Uusscll Sturgis somo tifae binca recovered a judgment
against tho New Jersey Steuftiship Navigation
Company lor about $30,000. Pending the proceedings
(he company was disbanded, and Jacob H. Vanderblll,
Daniel Drew and oihers, directors oi the company, sold
out and divided Uio property among tho stockholders.
A suit whs brought against the directors, on tho ground
of thoir individual liability. The ca-o came up lor a
heating yesterday before Judge Douohuo, In tho
Supreme Court, Special Term. Alter an extended argument
the Court took the papers.
Tho old suit brought by William De Hart, first mate
of tho steamship Colon, of the Pacific MjU lino, against
ItufUs Hatch for damages lor alleged slander, tho facts
of which have been fully published In the Herald,
caino on for trial yesterday bofore Judge Lawrence, in
thu Supreme Court, Circuit. At the close oi the to.stlnmny
lor the plaintiff a motion was made to dismiss
tho complaint, on tho ground that Hr. Hatch, as an
olllcer of tho company, was privileged to niako tho
alleged libellous statements. Judge Lawrence took tho
pa|xTs, rssorv.ng his decision.
Mr. Charles W. Haswell was somo time ago deputed
by the Board or Health tocxamuio tho old water noursos
oi' the city in connection with tho provalonco of zymotic
diseases in certain localities, and also to examine and
report upon tho condition ot the water drains used at
tho Institution for tho Blind and various other institutions.
with the cll'cct oi tho same upon tho Inmates. Ho
did his work and sent in a bill for $3,100, which Comptroller
(troen refused to pay. He accordingly brought
suit against the city for tho amount, and tho ease was
brought to trial yesterday, before Judge Yuu Brunt, in
the Court or Common Pleas. The defence was that under
the Maximilian decision tho city was not rcsnonsl- j
bio. Th's (kfcuee was sustained by Judgo Vun Brunt
and a juror was withdrawn, thus sustaining tho suit.
COUP.T OF GENE11AL SESSIONS.
Boloia Judgo Gildertdeeve,
A WITNESS AT TUB STOKES TRIAL BENT TO STATE
PRISON.
Thomas Casoy, a coach driver, aged twenty-fivo
years, who lived at No. 523 West Twenty-sixth stroct,
was tried and convicted ot larceny from the person in
tho night tltno, whereupou ho was sentenced to confinement
in the State Prison for a term of eight and
one-half years. The indictment charged that on the
night ot October 10, whilo Jntnes Mitchell and Archio
Smith wertf walking along Seventh avonue, near
Twentv-scveuth street, they were rudely Jostled by a
gang of young loafers who infest that vieiuity, and that
utter the Jostling Mitchell found his watch and chain
had disappeared. His companion, Smith, gave chase to
the young men, and suceeded in catching Casey, whom
he gave tuto the custody or an officer. Both Mitchell and
Smith on the at and professed Iboir inability to Identify
the prisouer as ono ol those who jostled them, uli
though Smith had in his examination before the police
magistrate positively identified Cnsoy as ono of the
gang. Mite hull testified that his watch had been returned
by the wife of the prisoner, and Edward Reynolds,
a coidpauion of the latter, tostiflod that Uspey
was innocent, that he (Reynolds) had seen ono of tbo
gaug snatch the watch from Mr. Mitchell's pockot, and
that, finding, Casey imprisoned for the crime, he had
gone to the* real thief and by threatening to inform
ihe pollco of tho mutter had induced him to give up
the stolen properly, which Roynolds thereupon handed
to Mrs. C'a>ey, who delivered it to the owner. These
stuienicnis were displayed to the Jury In a manner
well calculated to Impress that body.
Counsel for the prisoner did not deny that his
client had ted a bad life, hut claimed that he had for
dime time been leading an honest life, and that ho was
fnnocent of the charge, having beeu !u the neighborhood
where the robbery was committed bv a mere
chance. Tho jury evidently did not believe the explanation,
lor after half an hour's deliberation they rendered
a verdict of ' guilty." District Attorney Phelps,
who was present during the trial, then Informed tho
Court that the prisoner had been fbur times at the bar
j under different abases. He had given the name of
' James Brennan ; nd of James Wright, the latter indeed
j being the name under which he was now indicted. He
had also appeared iti the Stokes trial, when ho had attempted
to impeach the testimony of the Hart brothers
by statements winch were found hi bo absolutely falre.
He had then been recognised as nn escaped Penitentiary
prisoner, aud was returned to that institution.
Those facts were stated by Mr. Phelps to prevent tho
Court from dealing lightly with the prisoner.
Jndgo Gitdcrrdeeve, In passing sentence, said lie
coold see no reason why the prisoner should not recelvo
the heaviest penalty of the law. He believed tho
vordlct was a Just ono. Tho prisoner was, however,
j young, and might, perhaps, ftcrvo out his sentence and
return to society a better man. This ho sincerely
hoped would bo the enso. When the verdict was an!
nouneed the unfortunate wife of the prisoner, a very
email and young woman, with a very largo baby in her
arms, wont into hysterics and her hoartbreaking cries
echoed throughout the building.
When Casey had boon removed Assistant District Attorney
Rollins requested tho Court to order the witness
Archie Smith into custody till he should explain tbo
suspicious variance in his testimony. The request was
granted, but the prisoner was subsequently released on
bis own recognisance.
A MEDICAL SNEAK THIEF.
Dr. Edward Weston, alias Dr. Brown, a sneak thief,
against whom three separato indictments were peuding,
pleaded guilty to one and was sentenced to hard labor
In 8tate Prison Tor five yoars. On the 11th of December
be hired a room from Mr. Allen, who keeps a boardlog
house at No. 532 Seventh avenue, stating that he
had just arrived from England slid that his baggage
would not arrive at the house till the following day.
1 lie retired to bis room that night, and, tailing to appeal
I on tho following morning, search whb made, when 11
I was found that ho bad carried olT -i quantity ot clolbiti|
belonging to Mr. William Angolo, u boarder In th(
house. That gentleman wont to Police Hoadquarters
where he pointed out the photograph of t)r Weston it
tho Rogues' Gallery. He was noon after arrested an<
disposed of yesterday, as stated above.
AN OTORATKFVL DOMESTIC.
Delia Davis, a middle-aged domestic, pleadod guilty t<
tbo theft of a shawl, worth $*), from her mistross, Mn
Mary A. Plunkelt, of No. 45 Kast Filly-second street
who had relieved tho necessities of the prisoner and pro
vlded her with employment at a time when she tad I
needed It In consideration ol the Ingratitude (llaplayo
the tourt made the sentence somewhat heavy?thrc
years' m State Prison.
a ncarocKKT ri.kads.
Ht nrv Nelson, aged eighteen, who lived at No. 33
Pearl street, admitted that on tho 2Wh of December hi
stole $8 fio Irom the overcoat pocket of Felix G. E
Kflrny, of No. 04 Fast Ninety-fourth street lie wai
sent to tHate Prison for one year.
WASHINGTON PLACE POLICE COUET.
Bofore Judge Bixby,
rAI.SE PRETENCES.
Mr Alvan 3. Southworth, Receiver of the Bleccker
Street Railroad Company, appealed m complainant
against Eugene Sullivan, or No. at>7 West Fortieth
street Sullivan s few days ago called at the office of
the company and presented the resignation of James
Kane, employed t>y the compaoy as conductor Tbo
book keeper, hollaring that it was all right, paid Sullivan
tho $100 deposited by Kane and the sum uf $ti T* due
. for wages to dale. Subsequently it was ancerta.ned
i that Kane gave no authority for or signed his resign*,
tion. so Mr. Souchworth caused Sullivan's arrest. Sullivan
was held in $1,500 to answer.
A TTTB OF BUTTIB.
Roundsman O'Keefe found Charles Williams yestcr
day at tbo corner of Sprng and West streett, carrying
a tub of batter and endeavoring to dispose of It. As he
could give no satisfactory account as to how b<
received it he was arrested and yesterday held for
further evidence. Tho tub Is marked "W. Watkins and
J. D Brown, No. 3KG." It is now at the Eighth pre*
etnet station houes, where lull information of the case
may be obts tied
1UJD OK STIUtKT WOItM.
On Mon l.iv ovm;,j Officer f.effcrU, of the F.floonth
pfcua?V weal moiuiA Uit orcufcct in nrirato cWtUro
HERALD, WEDNESDAY, J,
j and arrested thirteen women for disorderly conduct
They wore lined 910 each.
FELONIOUS ASSAULTS.
Franklin Murch, of No. 423 West Thirty-third street,
waa committed to await the result of Injuries indicted
by him on Charies Hcnzel, of No. 314 West Thirty-sixth
1 street The alleged assault took place on Doeomber 28,
when, during a quarrel, Mured struct llenzci in tho
left eye with a cotton hook.
Joseph Kelly w.u hold In $500 to unswor for assaulting
Josephine I.ockwood, of No. 337 West Seventeenth
street, with his list and then pouring a kettle ot boiling
water over her arm.
A PROFITLESS BURGLARY.
John Morton, of No. 2211 West Eighteenth street, was
held in 1? auswor for burglariously entering the
premises of James Fiuley, No. 141 Eighth avenue, aDd
stealing therefrom a stovepipe and a bundle of rugs
valued at $&
ESSEX MARKET POLICE COURT.
Uelore Judgo Otterbonrg.
VIOLATION OF THE LOTTERY LAW.
Charles Ludwlg, of No. 6(1 Suffolk streot, was held in
$.' 00 to answer for violation of the Lottery law. Tho
! complainant was Louis White, of No. 2.13 East Houston
street, who lost a low dollars in playing policy in Ludwig's
store.
ROBBERY IN THE BOWEBY.
uenry Fans, or routers, compiaiuea mat wni.o i
walking up tbo Bowory, on Monday evening, ho was ]
robbed of his vallso containing $30 wuith ot clothing 1
' and $8 in money by Goorgo Pratt, of No. *269 Mott
street, and JohnWlialen, no residence. Both prison;
era wore hold in $12,000 oach to answer.
COURT CALENDARS?Tins DAY.
Sui'rkmk Co car?Chambers?Hold by Judgo Bar- I
rett.?Nos. 05, 101, 106, 107, 109, 116, 117, 1 IS, 119. 120,
121, 122, 147, 100, 161, 104, 195, 197, 215, 245, 308, 311, I
I 31b, -122, -128.
>Sri'khu k Court?GliHUl Turn?Held by Jtidgos ,
' Davis and Brady.?Nos. 89, 90, 91, 92, 93, 94, 95, 98,
I 90100, 101, 102, 177, 142, 100, 192, 193, 194, 195, 190, j
| 190, 200, 100, 117, 120, 129, 172.
Supreme Court?Si-ifcttt Term?Held by Judge .
Pon?buo.?Demurrers?Nos. 11, 4. Law nud laci?Nos. I
: 130. 181, 152, 153, 167, 159, 165, 1668;, 168, 171, 179, j
I 197, 200, 202, 203, 208, 229, 232, 233, 234, 238, 240, I
i 241, 245, 247, 249, 250, 251, 253, 255, 257, 202, 263, 269, |
270, 271, 273, 274, 275. 276, 277, 278, 279, 2S0. 288, 230, |
287, 288, 289. 294, 295. 296, 298, 300, 307, 308. 310. j ,
Sui'kumk Cot rt?Circuit?Part 1?Hold by Judge j
I Van Vorst. ?Nos. 897, 2119. 407, 1579, 1641, 3636, 22V1, !
; 1629, 2043, 1989, 2321, 1822, 2116, 2288, 1553>?, 73, 1163, j
1055, 2157, 449, 2295. Part 2?Held by Judge Westbrook.?No.
3994. 1'art 3?Held by Judge Lawrence. ?
I New Nos. 0742077, 278, 1080, 927, 2279, 1995, 2031,
i 070, 736, 2190,779, 2330, 2329, 120, 1816, 1915, 2248, 2275,
! 14, 2088, 648, 625, 2014.
SyPKitio* Court?Trial Tkrm?Part 1?Held by Chief
Justice MonelL? Nos. 575, 751, 781, 1811, 965, 1675,
1743, 089, 879. 863, 741, 709, 737, 1361, 763. Part 2?
Held by Jndgo Speir.?Case on, No. 942. No day calendar.
Superior Court?General Tkrm?Held by Judge*
Curtis and Sodgwlck.?Nos. 2, 16, 28. 50, 62, 07.
Common Pleas?Knurr* Tkrm?Hold by Judge JoEeph
F. Daly.?No. 5.
Common Plkas?'Trial Term?Part 1?Held by Judge
Van Hoosen.?Nos. 696, 611, 1999. 1002, 1160, 1093,
72s601, 1318, 1244, 2122, 3Slt$, 573, 2140, 1133. Part '
2?Held by Judge Van Brunt.?Nos. 1309, 1318, 1917>i, I
1797, 1208, 1346, 1348, 1349, 1350, 1351, 1352, 1353, 1354, I
1 1365, 1358, 1357, 1358, 1359, 1360, 1361, 1302, 1363, 1364,
1365, 1300.
Common Pleas?General Term?Held by Chief Justice)
Daly and Judges Hubinson and Larremo're.?Nos. 22,
i 23, 26, 46, 54, 56, 57, 58a, 78, 44, 174, 137.
alar.ink Court?Trial Tkrm?Pari 1?Held by Chief
Justice Shea.?Nos. 6183. 5220, 3858, 3773, 3774, 3702,
3726. 3733, 3806, 5393, 0291, 8777, 3778, 3776. Part 2? i
Held by Judge McAdam.?Nos. 2024, 3079, 5635, 5095, 1
6169, 3655, 6360, 6332, 6243, 6244. 6245, 3004, 3722, 3721 (
I'art 3?Held by Judge Sheridan.?Nos. 5700, 5905,0192, i
6120, 4470, 0012, 0302, 0303, 5940, 5785, 5420, 5077, 020* i
5873, 6311. l
Co cut or Genrral Skpsions?Held by Judge Gilder- i
sleeve.?The People vs. William Kelly, robbery; Same 1
vs. Joseph Grant, felonious assault and battery; Samo 1
s. Johu McGloni, felonious assault and battery; Samo i
vs. Charles Gilmoro, burglary; Same vs. John Kecfo, i
burglary ; Same vs. Theodore Koilv, burglary; Same vs. i
1 Joseph A. Johnson, burglary: Samo vs. John Gono,
: grand larceny; Same vs. Hour? Mossu, grand larceny; i
Same vs. William J. McMokln. "grand larcony; Same vs.
1 Oustav llorschkornl, grand larceny; Same vs. John
Butledge, falso pretences; Same vs. John Dorsey, polit
larceny; Same vs. Thomas Murphy, larocny from the i
| person.
LANDLORD AND TENANT.
In addition to several valuable works already pul>
lishod from his pen, Judge McAdam has just given to ,
the legal profession a work on the Important subject of I
the relations-of .landlord and tenant. It embraces not
l only the substance of the latest and prevailing '
oplnior^ on thl3 subject, but also on all points bearing
1 on tho question of proceedings to dispossess for nonpayment
of ront. To this is added forms, not only useful
to the legal practtoncr, but to tho layman also. The
| work cannut fall to be a necessity to overy lawyer
I called upon to practise in tho civil district courts, and
will bo found scafoely less valuable to real estate
agents and all having dealings in real property.
THE OLD GAME OF CONFIDENCE.
Yesterday forenoon, as Izra Fauar, purser on board
the steamer Leo, plying between hero and Jackson- \
vllle, Fin., was^strollmg along pier No. 16 East River, \
I whero the vessel now lies, he was accosted by a tall, i
vcucrablo looking gontleinao, who said hie name was :
: Jamos Wilson, a stranger in tho city, nnd that he was
taking a look at the shipping. After a little briol' conversation
Wilson askod Pauar If he'd come and t&ko a
drink. As they wore oh their way to a liquor store a
friend of Wilson's camo up, stopped htm aud said,
; hurriedly, "See hero, Wilson, by the way. lend me
$12; I have a bill of that amount to pay Just nero."
"Certainly, Bob, certainly, Old Beeswax, yen must
1 have It," returned the stranger, in a hearty way, aud
he took from his pocket a wallet that appeared to bo
well tilled with what looked like genuine gold coins.
I "Wilson, these won't do," said the man requiring tho
loan; "must have greenbacks, you see." "Haven't got
j any, 'pou my word," said Wilson, blandly; "porhaps
my friend h'ero, Mr. Fanar, Mr. Jouos (Introducing
them) would obliga" Mr. Fauar couldn't refuse, and
made tho desired accommodation. Messrs. Jonos and
! Wilson then desirod to be excused for a few moments
and disappeared. Thoy were gone onlv.a minuto
; or so when l-anar became suspicious ana followed
them. He got lo a rear window just in time to see tho
pair of rascals scaling tho fence boards of tho back '
yard. He immediately ran into the street; catlod In
Officer Irving, of the First precinct, who presently socurod
Wilson, as the old fellow, nearly out of broath,
was scrambling over a boarded wall. Jnstico Flammer. 1
before whom he was taken lu the afternoon, held
Wilson to answer.
BROOKLYN RINO SUITS.
THE FCWLEB INDICTMENT? ANSWER OP DKj
PENDANT. IN THE THIRD AVENUE 3EWZB ,
CASK.
No answor has yet been received by District Attornoy
Dritton In reply to hi* Icttor to Attorney General
Falrchlld requesting the appointment of a special
attorney to try the gas indictment found against Commissioner
of City Work* W. A. Fowler. If tho case
should be loft to Mr. Dritton ho would try It this month \
In the Court of Sessions. Tho ofTonce alleged is a misdemeanor,
and the penalty is a Qnc or Imprisonment In
tho County Jail, or both.
The answer of Abnor C. Reeney, the impleaded contractor
initio suit brought by Mr. l'arsons aguinat him
for alleged irregularities In tbo Third avenue sewer
work, was served upon the counsel lor the prosecution
i yesterday. The answer admits the passage of the act
I of April 2. 1301k and all the matters alleged and set
forth in tho first paragraph. He denies the mat- I
n ! tors alleged In the second and tblrd paragraphs
01' the complaint, except as to tho
allegation "That tho dofcudant, Aliner C. Keeney,
:, also ollerod a proposal to do tho work for
$220,540 8H." He expressly donies that he ever made
any offer or proposal lor tbe doing ot said work at any
fj prtco or upon any torma whatever at tho time or on tho
0 occasion mentioned and set forth in the third paral
graph. He denies tbe matters set forth In too fourth
; and fifth paragraphs. He admits that the defendants.
Fowler and Bliss, were members of tho permanent
g Board of Water and Sewerage Commissioners of the
city of Brooklyn during all the time* mentioned In said
9 complaint, but ho denies that I,owt>rr was a member of
said Hoard prior to on or about May 1. 1870. Whether i
Frank Swift proposed to complete the work on tho j
Third avenue sewer defendant b.as no knowledge nor I
informal.on sufficient to form a belief and ho iho.ofore i
denies tho same. Ho has no knowledge nor inlorma- 1
Hon sufficient to form n belief as to whether the amount |
received by him from the city for tho construction of |
the Third avenue sower was $190,312 41 or any other
snm over and above tlio sum which said Van Win kid
would ti.iv a received (or tho completion of the work ac- ,
cording to the terms and conditions ol said contract.
Defendant demands judgment for tho dismissal of tho
complaint, with costs.
THE MUULTON-IiEECUEU SUIT.
In tho mattor of the null of Francis D. Mooltnn
gainst Henry Ward Beocher to recover damage#,
Messrs Shearman * Sterling, attorneys Tor tho de- !
fenlanl, yesterday ontorcd a demurrer upon tho complaint
on the ground that, as it appears upon the face
i thereof, tho complainant docs not state facta sufficient
to conatiiute a cause of action. Notico ol the trial of
. the l?*ue of law, at a Special Term of the Supreme
Court, to be held n th? Court House, In Brooklyn, on
1 the fourth Monday in February, was served during the
i day on Mr ltogar A. l'ryor, pl iiutiiTs attorney.
1 BROOKLYN CITY FINANCES.
The City Treasurer of Brooklyn roporta that on Jaou
i ary 8 there was f 1,584,5*5 0* deposited In the banks
I lo the credit of the city. The amount for arrears of !
1 Uae-. collected by Registrar Whitney last week, was
i J tU.Ui jJL i
VNTJAKT 12, 1876.--WTni
COMMISSIONER PORTER'S NOMINATION
MB. GEOBC?B TICKNOB CTJBTIS BEFOBE THE AI
DEKMAMO COMMITTEE?SPICY INTIRROOJ
TIONS?THE COMMITTEE AGIiEE TO RETOB
AGAINST THE COMFIBM ACTON.
The Aldcrmanlo Committee, consisting of lleam
Cole, Lysaght and I'urroy, having in charge the tnatt<
of tho continuation of General KHz John I'orlor ax Cont
missioncr of l'ublic Works, held an adjourned sossio
at the City Hall yesterday, with a large audleuco <
spectators.
Mr. Moloney, clerk to the committee, read the pet
tion of taxpayors asking to ho heard in support of th
confirmation.
Mr. George Tlcknor Curtis then addressed tho con
mltiee. He understood that no opposition existed (
General Porter as to his Alness for tho place His <jual
Acations are high and his character and accoutpilsl
moots aro fully admitted. Tho only ground of objei
tion, so far as be heard, was the gentleman's decislo
on the question of wages to bo paid to the laborer
This action was stated to bo unsatisfactory t
a great many persons. Ho (Mr. Curtis) dc|ire
to present his views on this subject as if ho were hitr
soli a member of the Board of Aldermen, no woul
look upon tho question both in the interest of the clt
on one hand and (be interest of the laboring clasBOs o
the other. lie would pay no regard to its political a*
poet. The democratic party were in such a posltlo
that they could meet the question squarely ana dispose c
it sololy upon Its merits. Tho speaker profbssed to b
a democrat. He bad never had any connection wit]
Tammany Hall, olther under Its present or past regime
Ho would not make his appoarauce before the commit
tco did he not como there in tho interests of the labor
ing classes; neither did he come as a taxpayer or b
represent that Interest. Hcfo was a subject whioh par
dcularly interested tbo laboring classas. The soalo o
wages adoptod hy General Portor allowed twenty centi
in hour? a per day for ten hours' work. Tha
node of paymont held out a direct orMouragcmont t<
ndustry and fidelity. II ho had been ii
General Porter's place he might not have hai
,he wisdom to mako such a sensible arrange
menv. Tho promotion or industry among tho worktni
:laa*cs was corluinly a desirable thing. The plan at
forded tho city a dlroct opportunity or omploymg th<
largest number of laborers that could consistently bi
Btigaged under appropriations for work. Any othei
plan would havo u tendency to compel th<
city to accopt tho alternative or the contract .system
Thi3 would be throwing the worklngmen into tbi
powor of contractors, who would pay them what thej
pleased. Under General Porter's plan 5,000 men migh
be beneiited, instead of 500. Mr. Curtis had volun
teerod to ropresenl the Interest of tho 5,000 instead o
the 500. In proportion to tho work that was to bo done
and in proportion to the means of doing it, a greaJ
ninny more men could be employed uuder that syston
man by any other. Tho principles wore apparent
Any mind could work them out by giving time tc
tho subject. A great deal had been said agalnsi
tho confirmation ol General Portor upon politics
grounds. This no donbt arose from the iact that the
confirmation approved or disapproved General Porter'i
system. It ought to approve tho general character o
the administration of this gentleman. A groat dea
bad also boeu said as to opposition and tho source from
whence it proceeded. Mr. Curtis only asked tho committee
to look upon tho matter in a practical, common
sense manuer?to look over the heads of politicians,
managers and wire pullers, and to consult alone the
best interests of tho laborers. It was not a matter toi
consideration as to who was responsible for tho dofeal
of Tammany Hall In tho last election. If the laborers
understood this question properly they would recom
mend tho confirmation. He wished that he conld*havc
tho opportunity of talking with a mass of laborers on
the subject?to come down fairly and squaroly to tlu
hardpan of the proposition. Practically, it was a
question of employing a smaller or a greater numboi
of men, and making the money which the city lias tc
uso on public works go as far as possiblo. It was a
very important question for a political party to decide
at toe present tima
Alderman Cole?Did you vote at the last election?
Mr. Curtis?1 did, sir; I always voted tho Tamhianj
tickot, except where there were names on that ticket 1
thought ought not to bo elected.
Alderman I'urroy?In your opinion Is $1 00 per day
tho market value of labor?
Mr. Curtis?I don't know. Bit
Alderman I'urroy?Doh't you know yon could ge'
laborors note to work for less than $1 50per day?
MT. Curtis?It might be so. I am not propared t<
say.
Alderman Purroy?If the market prlco wero $1 2!
per day, do you think it would be tho duty of Genera
Porter'to cut down the wages of laborers on public
works to such a figure ? Did yoo not mean that In th<
remarks Just made ?
Mr Curtis denied having meant anything of the sort
Alderman Purroy?It not tho plan of General Portor
in allowing tho laborers twenty cents an hour, an eva
slon of tho eight-hour law?
Mr. Curtis Insisted it was quite th? contrary. I
was by no meats a violation of the law, and he wantei
to be put on record as a lawyer in expressing tha
opinion. Tho action ol Commissioner Portor wa
thoroughly m accordance with the snlrlt of tho law am
the Intention of the Legislature.
Alderman Purroy?Did not Goneral Porter testify be
fore the Senate Committed that in reducing tho labor
era' wages he bad also reduced the number of man era
ployed on tho public works ?
Mr. Curtis could not answer as to what took placo bo
fore the Senate Committee In that connection.
Alderman Purroy?Has not the Mayor recommcndo<
the contract system in his Messago?
Mr. Cnrtis was not thcro to discuss tho Mayor's Mos
sage.
Alderman Purroy?Do not tho State and Unite*
States governments pay more than $1 00 per day to th
laborers on tho public work* f
Mr. Curtis could col give any Information on tba
point
Some further Questions were propounded to Mr Cm
tig, aftor which the gontleman concluded bis speech b;
thanking tho committee for the courtesy extended t
him. The names of other signers to tho petition wor
then called, with tho view of ascertaining whether an;
of them wished to further address the committer
Messrs. Agnew, llelmont and Webster remarked ilia
they agreed entirely with the views pat forward by Mi
Curtis.
Alderman Cole?Mr. Belmont, do you pay persons
loses in Now York or Long Island t
Mr. Beltnont said he paid them In both places. I
answer to Aldcrinan Cole, Mr. Belmont atso remarko
that ha had voted in Long Island for the past Hire
years.
Mr. Arthur J. Delany and others present tbon a:
pressed a desire to be.heard In opposition to the cot
Orinalton.
Alderman Purroy said thero was no necessity. H
offered a resolution expressing tho ontnlon of the con
mitteo that it waa unwise to confirm General P*1t
John Porter as Commissioner of Puhlio Works, ar
that tho committee report such action to the Board i
Aldermen at their next regular meeting. This motic
was carried by a concurrent vote?Messrs Cole. Purrc
and Lysaghl in the affirmative?and the committee a
Journcd.
BOARD OF APPORTIONMENT.
A regular meeting of tho Board of Apportioning
was hold In tho Mayor's office yesterday, Comptroll
Green, Mayor Wlekham, Alderman Lowis and Ti
Commissioner Wheeler being present.
Comptroller Green offered resolutions for the p?
ment of excise moneys to religious institutions as f<
lows:?
Colored Home .....$l,4"o
New York Colored Homo 800
Midnight Mission 470
New York Homoeopathic Dispensary 60
Central Dispensary 448
On motion of Comptroller Green tho sum
$18,879 08 was also appropriated from the Excise fui
for tho support of the Foundling Asylum, In accordan
with the law as to per capita allowance.
The sum of $10,160 06 from balance of appropri
lions for different religious societies for 1874 w
transferred, by resolution of tho Comptroller, as f<
lows:?To Institution for Deaf and Dumb, $6,724, I
el it ut Ion for the Blind, $4,350; Nursery and Child
Hospital. $5,536 28.
A resolution was ulso passed consolidating tl
Bureau of Vital Statistics and the Sanitary Burca
after which the Board adjourned.
THE POLICE BOARD.
The fhl! Board of Police Commissioners met yest<
day, President Smith In the chair.
Officer Golden, of the Sixth precinct, was on rootli
continued one month longer in the service of B.
Babbitt, to make furlbor Investigations Into the lar
oiubezxlcmcnu perpoirated upon that gentleman.
A communication was recolvod from Roundsmi
Horbelt, of the Third District Court sqosd, setting for
that tho forco ol his command was too small to pcrfor
the necessary work of tho Court. The matter was t
ferrcd to the Committee on Rules and Discipline.
A resolution was adopted requiring all applicatioi
of patrolmen for transfer to be Indorsed by the Capiat
District Inspector and Superintendent beffjra bou
submitted to the Board.
On motion of Commissioner Voorhls the Commute
on Finance and Street Cleaning were increased to tbr
members, the President of tbs Board to bo tbe adc
tlonal member.
A resolution was offored by Mr. Erhardt making
the duty of tbe Chairmen of tho Committers on Flnun
and Street Cleaning to Inquire into the feasibility of r
ducing tho salaries of the clerical force of the depal
ment.
A proposal to sweep the streets by a new procev,
the rate of f&> Tor cacti 100.000 tujuare yai ds, was r
ferrcJ to the Committee on Street Cleaning.
MUNICIPAL NOTEa
Mayor Wickham yoatorilay appointed Ur. Stephen .
Walker Commissioner of Kduoation in piaco oI M
William H. Keilson, who has resigned.
A Jmlgment lor $7,449 50 was yesterday (lied In tl
County Clerk's ofllco at the suit ol Sauitiol T. Brow
against William U. Wickham Tbo action is Mid
bare been brourht uuoa a note civcn br the latter..
[ SUPPLEMENT.
[, HEALTH DEPARTMENT.
STATISTICS SHOVTINO THE HEALTH OF TH1
*" CITT DUBINO 1875.
Tbo woekly meeting of the Board of Health was held
T yesterday, all the Commissioners being present.
A resolution was adopted, calHng upon the Pepart,
raout of Public Works to construct a sewer on 143d
,r street, near Third avenne, Morrisania, the same being
j necessary for the preservation of the public health.
u On motion tho Sanitary Superintendent was directed
)f to make a thorough inspection into the water supply,
ventilation and sewerage of all charitable Institutions
In which children are doinieiled.
c Some little amusomcnt was caused by the report of
Sanitary Inspector Post relative to a number of bomsless
dogs that make night hideous on West Fiityflrst
street, near Tenth avenue. It appears that in tho
o rear of No. 415 West Kifly-tlret street aro some old dij.
lapidated barns not in use. Of these all the wandering
curs of upper New York seem to Imve taken possession,
as the people living in thu neighborhood complain that
> it is nearly impossible to sleep at night on account of
i) the incessant howling. The supply of old boots and
| bottles used in expostulating with the dogs being ex'
j haustcd tho neighbors now pray tho Bonrd of Health to
o | come to their rescue and dispossess the fortified
j | canines. The matter was, on motion, referred to the
Board of Police.
l" The following Is a comparative statement of the casta
d of contagious diseases reported ai iho Sanitary Bureau
Y for the two weeks ending January 8:?
,? VT*k Eri'iiny?.
O Jiul 1, J urn. 8.
i. Typhoid fever 17 18
Scarlet fever 52 40
n Cerebrospinal meningitis 3 0
,r Meade* 52 40
,r Diphtheria. 126 138
0 Smallpox 43 48
h The following table shows the result for tho last two !
quarters :?
,? WV6 Entliay?.
r Sept. 30. I)r:. 31.
Typhua fever 10 14
Typhoid fever 223 231
j Scarlet fever ; 210 4111
Cerob.-o gpinal meningitt* 28 31
Measles 156 250
? Diphtheria.. fi2? 1,390
Smallpox 620 497
8 Tho following is tho weekly report of tho Registrar of
t Vital Statistics:?
) During tho week ending January 9 there were 547 deaths
reported in this city.
The mean temperature reported by Dr. Draper Inst wees
} In Central Park was 41.1 decrees Fufiroueit, and In the name
Serlod last year it was 29.3 degrees. There were 10,904
caths from symotic diseases daring the year 1875, against
? 9,713 for tho rear 1874, showing an increase in this class of
' : diseases of 1,189 during the past year over tho previous i
" ! year. There were 796 more deaths from smallpox, 604 from
5 i diphtheria, 162 from croup, 13 from typhus fever, 73 from
' I typhoid, 169 from diarrhoea! diseaees. and 152 less deaths of
r | measles, 365 of scarlatina, 82 of whooping cough and 12 of
3 I cerebrospinal fever.
' The total number of deaths In public institutions for the
' l year 1875 was 5,174, un Increase of 416 over the year prec
j vious.
j j Tho following Is the report of the Sanitary Snperln!
tendent relative to tho abattoir at the foot of West
j j Thirty-fourth street:?
, The abattoir is easily and completely cleaned every aftert,
noon, and everything but the Iroeh meat aud salted hides
I removed. On Saturday, when there te no slaughtering,
j a thorongh disinfection with chloride of lime is practised. A
passage under Twelfth avenue oonneots the building with
> the cattle yards end the rendering house located on the
t bulkhead. During the summer of 1875 the blood nnd offal
1 from nearly lO.CXXj cattle were rendered here, without a wn5
gle complaint having been made to this Bureau.
f "THE FINEST FOLICE."
l
1 To thp Editor of Till Hkhald:?
, I do not know precisely what are accounted by their
, superiors as the duties of patrolmen ef the police force,
j Neither do I understand how far the Commissioners of
t Police permit sergeants to go In questioning rospectable
t appearing norsons who are brought bofore them by stupid
policemen. Bnt this I do know, that tho conduct of pa,
trolman No. 1,227 toward me on Saturday evening was
, i outrageously Impertinent and tyrannical, and thut tho
[ questions of his superior, at the desk in the Twenr
| tieth streot station hooso, were such as should j
, be put to no man not well known as an \
k ! oil'endor against tho law. I was Hireslcd by
, I tbo patrolman mentioned, while wqlking tip and down
j Twenty-foorth streot waiting for a friend who was visit- ,
ing near by. The ofllcor pretended to see in me a sus,
' ptcious person, though 1 believe his only motive for np[
prehunding mo was that my walk led me often by
I where be was In ploasaut converse with a young wo.
man?a domestic. He took mo to tho station houso,
I where u Doffliorrv-llko soreeant. havintr been told whv
I was walking up and down Twenty-fourth street lmperl
tinently asked mo wliHt business "my friend bad whore j
be was vis it'tig. 1 suggested that If he (the Sergeant) |
j was nol too Cir gone in stupidity ho would know that ;
his question was improper and one which I could not j
; be expected to answer. He then became
Indignant, sent me into a back room, and j
, kept mo thero from about six o'clock until after
, i seven o'clock t\ M. In the meantime he found good j
, seuso enough to send to where my lriond was; and the j
i result ol this mission was my discharge. In discharg1
ing me he otlbred what ho termed good advice as to tho j
I j bearing a citizen should maintain toward an officer.
; He could not see that this was adding insult to injury, !
t 1 but I hope his superiors may. 1 have endeavored to !
j find gome way to puulsh botn officers without coming j
t to a public trial, but hare been unable to Qnd any. 1
give these facts in order that any gentleman who "may
j feel inclined to walk up and down a block may know
enough to cringe properly before any member of "tho
k lluosl police," 4c., that approaches li:m. A VICTIM.
t WASHINGTON'S PARTNER.
u STOUT OF THE LADT WHO DANCED A MINUET
1 WITH THE FATHER OF HIS COUNTRY?A HUNDRED
TEARS ODD.
(From the Philadelphia Times, Jan. 1LJ
1 Tho centennial anniversary of the birth ol Mrs Maro
gnrct Boggs was celebrated yesterday In tho residenco
A of her nephew, Dr. Stephen Beala, at No. 39 Tulpebocken
street, Oormantowu. Mrs. Boggs was born In
this city, on the 10th of January, 1776, in Front street, 'j
? . below Queen, at that time a faahiouable part of the 1
e city. She is the daughter of William and Sarah Donr
aidson, her mother being the fourth daughter of
^ Samuel and Rebecca Orlscom, of whoso family of eight
children Elizabeth, who married, successively, Mr.
Ross, Mr. Aflhburno and Mr. Claypoole, was the eighth
Elizabeth Olaypoole, was the maker of the flrst Amcri
can flag bearing the stars. Samuel Griscora wus a son
2 ! of Tobias Oriscom, who was a son of Audrow Grlscom,
7 or, as the name was formerly written, Grisoombo, of
0 Yorkshire, who came to Philadelphia in 1682, tind
who Is known in history as the builder of the flrst brick
bouse in this city. .Samuel Grlsoom had a ship yard, j
: which extended Irom Race to Vino streets and from tbo
. 1 Delaware to Fourth si roc t He was also a master
builder, and In that capacity assisted in the erection of
?" tho okl 8ta?o Houso, most of the woed work botng dono
, by htm. Her father, Captain William Donaldson, was
also a ship builder, and had a yard on the Delaware at J
' Queen siroot. When seventeen years old Margaret i
Donaldson married Joseph Boggs, a conveyancer, who
7 died two years afterward, and she has remained a j
u" : widow for eighty years. She bad ono child?a son?who
I diod of cholera in 1831. After her marriage she lived j
! Cora time at 133 Chestnut streot. She and her aunt, {
Mrs Claypoole, though of Quaker descent, attended tho
! then fashionable Christ church, where they occupied i
nt the pew adjoining that of General Washington, from !
or ' whom they never failed to rcoeivo a polite bow. Sho
j afterward attended the mooting of the "Fighting ;
j Quakers" at Sixth and Arch streets, and about
| sixty years ago she Joined the Presbyterian church. ;
y. I On the death oT her iiu-bxiid she entered tho uphol.
story sliop of her aunt, Mrs. Ciaypoolo, where she ,
>l" ; learned the business and acquired a "competence. She
gives vivid descriptions of the appearance of Phlladel- \
pbia in her girlhood, when Fourth street was the limit
7? of tho built up portion and when an afternoon's walk
2? to the Pennsylvania Hospital was a loug journoy into
the country and when they Used to go out to Seventh j
and Arch streets to pick blackberries. Sho remembers
?J well a rovicw of the British troops, at which her father
11,1 held hor up so that she could see, and when eighteen I
c,} : years old she dancod the minuet with General Wash- ,
lngton. Sho tells an auecdoto of how one day, when
ia" the British occupied this city, her father and moth-r
as went out sailing on the Delaware and took her with
Jl" them, she being about a year old. Tliey wore bailed
.?* by some offioer? and ordered to come ashore. Her father
1 B refused, saying lo his wife, who had become alarmed, .
j "Why, those officers dised with us last week; they j
1 won't do anything to harm us," The officers again j
,u? i ordered htm to coino aboard, and saying that unless ha
did so they would uro on him. "Firs ar,d ?e dumned," i
replied itic stttrdy old captain, and dro they did. The
captain was shot through the cheat, and his wifo had
her wrist shattered by a hall, but a colored servant, j
,r. | who was aboard, canght the child in his arms and laid
I down in ths bottom ol the boat, and she escaped with-.
! out Injury. Hor father and mother minted, and the
3n boat Hosted down past the ship yard, where they were
T seen by souio of ths workmen, who brought them
ashore
S9 i ftp to the time of the Chicago Ore Mrs. Bogg* attended
church regularly, and belonged to a Dorcas
Jn soclotv, but her health wag impaired through anxiety :
at that time, and sbo gave them up, though she has
111 j been to church within the last two years. About flvo
m years ago gho camo into the city alone, and had her pic
o- turo taken, her friends being ignorant of what she had '
; done until the picture appeared. Until within a year
lis she has taken her meals down atalrs with the family,
n. and last summer she walked with a nephew qa the
ag lawn. In late years she oec'bpied her time in making bed
quilts, showing tnncb taste In the BelecliOt and 1
es arrangoment of colors. Last week she sewed without |
eo using her glasses, threading her own needles She ]
II- still reads, and her faculties ore generally good, though
she Is slightly deaf. She is quite choerlul. ana greatly !
It enjovs visits Irom her friends Yesterday she shook
cs hands and conversed with mors than X.'iO persons Mho j
e- received In her own room, reclining in au easv chair, .
t- ; and when her friends went to her side aha took them
by the hand aud talked with them, showing by her coa- |
at vcrsaliou that she still retained her memory to ? re
o- markablc Usgroo. Possessing a vivacious disposition
iand a warm, gcndo nature, her manners have endeared ,
hor to a large circle of IVicnds aDd relatives. She has
lived to ace a sixth generation ol nophows and nieces, ;
and hopes to see the Centennial Exhibition.
* | THE WORK OF-CHARITY.
Tho TIkrald bis received $10 from F. E. ?'' BPy
csnisfruta S. E. for Mrs Julia Burke, of Mo. 039 First
to avenue. The total amount received so far In this cam j
', at charitv is il j as. an of which was dulv forwarded
TAMMANY EXECUTIVE COMMITTEE.
The newly soloctod Tammany General Committers of
the several district! and w ard! bar* orgsuixed for tbl*
yoar. Dclow will he fbond the delegates selected to
represent tho committees in the Executive Committee
lately known as the Committee on Organisation.
will bo seen that instead of two, four representatives
aro now allowed to each district and ward
S1KCVTIV* COMMITTXK.
First District?Nicholas lluller, I^nis Qulnn, J.vnee
tlr>nltr I'atrlrlr linirm
Second District?Patrick Lysaght, Wilham P. Kirk,
William Vail, Edward Henry.
Third District?James J. Slovin, William R. Robert!.
W. H. Roouey, John Birmingham.
Fourth District?John Galviu, Kdward T. Fitzoatrick.
Philip Collins, Thomas Slilola
Fifth District?Henry A. Gumbleton, Edmund E.
Plum, WlUlam Bennett, James Dciguan.
Sixth District?Timothy J. Campbell, Lawrenco B.
Hill, P. J. McAlcer, J. H. Hughos.
Savontb Dislrict?Martin T. McMahon, Petor,B. Olney
n. D. Porter, Vincent C. King.
Eighth District?E. D. Gale, W. H. Rappenhazen,
George Hall, Thomas J. Carlton.
Ninth Dislrict?George W. Morton, Edward Gtlou, W.
H. Gray, J. FKzpatrick.
Tenth District?Owen Murphy, J. W. Guntzor, James
H. Reynolds, Louis C. Waehuer.
Eleventh District?David iloAdam, William Sauor,
Menzo DieiTondorf, Peter Tralnor.
Twelfth District?Henry Woltman, Patrick Koenan,
W. W Cook, Francis Murray.
Thirteenth District?E. L. Donnelly, Patrick Gibncy,
James Barker, Richard Klannagan.
Fourteenth District?Bernard Rielly, Jacob Gross,
Peter Gillespie, Jamos Daly.
Eiftoonth Distnct-eRlchard .f. Morrison, George W.
McGiynn, W. J. Kane, Joseph Blumentbal.
Sixteenth District?George Kelly, Barton N. Harrison,
Edward Coopor, James E. Morrison.
8aveaieenih District?Frederick' 11. Smytho, Charles
Mclntyro, William Joyce. Thomas Kerrigan.
Eighteenth District?John Kelly, Thomas Cooper
Campbell, Peter Secry, Edward Kearney.
Ninotocuth Dislrict?Thomas O'Callaghaa, Andrew
Smith, Thomas Dunlap, B. F. Ealrchi'.d.
Twentieth District?Joseph J. O'Doaoghuc, John
Hayes, Owen Moran, Michael Tuotney.
Twenty-first District?Hugh H. Moore, W. H.
McCarthy, W. A. Boyd, J. W. Smith.
Twenty-third Ward?William Cauldwell, James
Mooney, J. J. Clark, Ambrose Pordy.
Twenty fourth Ward?H. D. Purroy, Peter Smith,
BernardByrnc, Hugh Kerrigan.
THE CUSTOM HOUSE AND HAW.
COLLECTOR ARTHUR IGNORES A "SICUB" VH
THE TWENTY-FIRST ASSEMBLY DISTRICT.
A few days ago an account appeared in the Herald
purporting to explain certain arrangements that bail
been made by the republicans in the Twenty-first Assembly
district. In litis district Tor some few years
past a state of anarchy has existed among the republicans,
the origin of It being tho persistency with which
William Haw, Jr., claimed a right to run for Assembly
as tho republican candidate year after year. This conduct
on Haw's part gave so much dissatisfaction
that tho party In the district grow
to be demoralised, and half a dozen contending
factions, all seeking for a controlling influence, wera
by this means created. In tho Hkkalo's account referred
to it was stated that. In order to effect a reconciliation,
Collector Arthur bought off Haw by procuring
for him a place in the Department of Buildings at a
salary of $1,500 a year. This statement it now appears
is ultorly without foundation, and was a doceptivo
fabrication, intended by outside parties to hoip in
placing tho Collector in a false position Netihor
directly nor Indirectly did Collector Arthur aid or assist
in procuring a place in tho Dopartment of Buildings,
or in any other department, for Haw. In
fact, tho Collector was even unaware yesterday
that Haw hold such a position, and was
in no way interested about that gentleman's movements.
If Mr. Haw holds any position at present he
has not obtained it by any influence gained from tbe
Custom House. At tho lust primaries In tho district
the soverai leaders of the different factions agreed upon
a tickot that produced harmony amoug them, and Mr.
Haw opposed that ticket. The leaders have since ignored
him altogether, and no bargain in any shapo or
form, either Tor Mr. Haw's welfare or that 01 bisfnunds,
was then made or lias since been made.
THE PRODUCE EXCHANGE.
The elevators and weighers ot grain held a meeting
yesterday morning, and agreed to hold a Joint conference
meeting with tho grain receivers next Thursday,
at three P. M., in tho managers' room of the Prod cj
Exchange. They will attompt to come to some ag cement
in regard to tho proposed advance in the rates fo
elevating and weighing. Mr. BonnelL, Chairman ol
the meeting, expressed his views that the piopusod advance
would he maintained.
Tho provision dealers' meeting occupied nntil a lata
hour in the evening. All the new provision rules were
adopted, with slight changes, except rule thirteen,
which was laid over lor discussion till Friday. This is
tbe rule providing that losses on contracts shall bo
limited to ten per oent on the contract prfca A lively
fight is oxpectcd between tbe bulls and the bears on
this point.
A new rule was proposed and adopted by the meeting
providing that ln.-poctors and weighers of lard must be
members of the Exchange and bo licensed by the
Board of Muuagera.
MUTUAL BENEFIT SAVINGS BANK.
in* RECEIVER RESTRAINED FROM ACTING AND
ORDERED TO SHOW CACSB WHY KB SHOULD
NOT BE REMOVED.
Judge Donohuo yesterday, on application of Mr.
Ashbel P. Fitch, counsel for tho depositor! of the Mutual
Benefit Savings Bank, signed an order restraining
the receiver, Mr. W. F. Aldrich, from disposing of tho
assets of tho bank or in any way interlering with its
concerns, and further ordering him to show cause, on
January 11, why he should not be romovod from hie
Sosition as receiver. This action has boon taken by the
opositors for the reason that Mr. Ahlrich is allogod to
bo working In the interest of the trustees of the bank.
It is also asserted that Mr. Aldrich, when Bank Examiner,
knew the bank's affairs were In an insolvent
state, and that he assisted tbe trustees to cover up
frauds and deficiencies. It ts also alleged in the affidavits
presented to Judre Donohuo that Mr. Aldrich was
cognizant of the frauds In the management of the.T'Uru
A vena*, German Uptown, Central Park and ' t ...
banks, and so mado his report!, after examine g th. , /
as to show them to be in good condition v. hen,t', / .
were hopelessly Insolvent.
BUSINESS FAILURES.
Assignments were yesterday filed by Mlllairt.
kins, grccor, of No. 117 Spring street an
Third avenue, to H. B. Tompkins, and by J - /
bert to Thomas Brennan. 1
John Oox, Jeweller, of No. 373 Bowery, a
ass.gued to Bonncit W. Ellison, has liabilit
ing to $1,033. He assigned in order to wh.? up
business. His assets, which are nominally $3,787.
and actually worth $2,500, will fully cover his debts. 1
Heubach 1c ScUeu, crockery dealers of No. 63 MurreV
street, whose failure has already boon noticed, have 1
liabllltes amounting to $.14,822 94 and assets $23,814 78,
really worth about $8,000.
The old firm of George H. Hogbes & Co., linen dealers,
of No. 193 Church street, were yesterday obliged to
mako an assignment to William Henry Smith. The
firm hue been established fifteen years. They were
compelled to suspend on account of the pecuniary complications
of a Belfast house. All their indobtodncss Js
en the other side, oxuept their bank indebtedness,
which la, however, fully secured. They have long
hesithted to take this step, wishing always for an extention
of time and hoping that their business might
Improve. They are still confident of being Boon re
ilcyeo irom uicir present ernbarrafisinouie.
?1 W. Millor. broker of No. 5 Wall street. being a ST
able to filial (its contracts, tfOO sbsros of Lake Sb
and 600 of Pacific Mail wore yesterday bought in and' w
the rules of the New York Stork Exchange. Ha v.
probably continue bis business in a (car days.
STATEMENT OV OCKEESXIACSSN BR6THEBS. llt
Mr. Ockersbanscn, of tbo firm of Ockcrshausr ^
Brothers, whose failure was noticed At length in yesterday's
Hkrald, yesterday wrote out a statement for the
information of the public. Ho saya their liabilities
amount to about (375,000. Their assets In real ^ta(i%
heavily encumbered, Including manchinery and apparatus
is their refinery, which on their books stand at
(322,000, hare depreciated about tweutyihe per cent,
and iro worth $340l00a Their further assets iu book
accounts, merchandise and slocks, aire o: flioated to bs
worth (175,000, making their total assets (115,000. No
accurate statement ef book accounts has yet an prepared.
In a few days a meeting of credltc . ^
called, at which a full statement will bh inadi
Their refinery, at No. 380 South a oet, < .
1-.- al.A.it #9M fit*! ha* hot?n invrKtitil in ii_
IV. ?, ?U? W 1
also own tenement property In \ andcwator an<- tose
drools, wboro lb* old sugar houso stood.
BAMKBUrTCT PBOCXZBIXGS.
A mooting of iho crodttors of Moyer Hodman Ac Co.,
dry goods, Xo. 336 Broadway, was held yesterday bofore
Register Keicbam, at No. 129 Fulton street. A
statcmrnt was presented snowing tbo llablltttos of the
firm to be $190,593 09; nominal assets, $116,398 03;
actual asaote, $93,344 69; value of stock, $23,0001
Among the principal aretfitors Are the following:?H,"
H Claflin A Ca, $'0,649; Townscnd, Monism A Co.,
$6,692; K. O. Tufts, $6,114; Wittcmore, Poet A Hea^
$4,097; Longiulre Kim go A McKenzie, $4,694; Madge,
Sawyer A Co., $4,466; Wllmerdlng. Hognet A Co.,
$1,399; A. T. Stewart, $2,216: C M. Bally, $3,169;
f'alno. Goodwin A Co., $3,171; held, Morns A I'eitaer,
$3,066; Cphsm A Tucker, $3,653; H. Herman, $2,19X
An offer of composition was made by tbe Arm on tho
baaia of forty-Ove per cent. Of the 129 creditors present
only one objected, and bo afterward witbdrow bin
fCPNTINITRD OK NINTH PAOE.l